How do I word an answer to the court to counter-sue our private contract holders for release of contract?

Question

Our mobile home and the land it sits on are privately held, (we've been here for 9yrs) and this LLC co. has harrassed, intimidated, broken terms of contract, and are now 'bearing false witness' on court documents to try to re-posses our home. We want to answer the court properly, and want to counter-sue for release of contract, with the titles to both land and mobile as compensation... how do we properly word this after our denial to the 'charges'?? We have to 'answer' by Christmas eve... I didn't know about this resource...I'm not so good at 'computer stuff'...lol... otherwise I'd have asked earlier...

Answer 1

Answers filed in court have to be very specifically worded. They also must follow a specific template - you can definitely find the general template of an answer and counterclaim online, but you might also try googling for one that was filed in the particular court where your case is being heard. That'll give you a more accurate idea of the format that court prefers.

Essentially, to file a proper answer, you need to follow the format of the complaint. The allegations in the complaint will be numbered - your answer should repeat these numbers and say whether you admit or deny the fact/allegation contained in that numbered paragraph. Then your counter complaint is added on to the end of your answer and would look something like the original complaint that was filed against you. Be careful with the counter complaint especially - you need to establish certain elements in your complaint to even have a valid complaint or else your counter complaint could be dismissed straightaway. The actual elements depend on the breach or tort that you're alleging.

You can also go to the court's website and read the court rules - those rules will give you the practical parameters for your answer (e.g. width of margins, pagination, etc.).

An invaluable resource is the clerk of courts. Call the clerk of courts for the court where your case has been filed and ask them when they're open for you to file an answer, how many copies they require, etc. They won't give you any legal advice, but they'll give you practical advice as to how to get the answer filed. All you really need is to get the answer filed - you can amend the answer later if you'd like. It'll also buy you some time to actually find an attorney.

I highly recommend that you hire an attorney. Property disputes are complicated, especially regarding mortgages. There are very specific laws. If you can't afford a private attorney, look into getting pro bono services, perhaps from your local legal aid society. Google legal aid and the name of your city/region/state to find their website. Legal aid loves to help homeowners in trouble.

Answer 2

You really need to see an attorney, but this is going to be difficult on short notice. Contact your county bar association to see if they can refer you to someone for a consultation. Try looking at the Nolo Press materials on line. Also get to the court clerk's office as soon as possible to look at whatever forms are available. I would suggest that you file something by the deadline. Do the best you can to explain your situation and include a request for an extension of time to obtain legal counsel. The court could liberally interpret your pleading or give you leave to amend it later, but it will be tougher if you just file nothing at all.

Answer 3

that's no longer sparkling; are you on the employ or basically an occupant? It sounds such as you're basically an occupant and if so you're at your roommates mercy. yet, there's a a possibility more effective difficulty. The employ might want to specify how lengthy travelers can stay. As an occupant you would properly be violating this provision and all of you would properly be challenge to eviction. realtor.sailor

Answer 4

To answer your counter suit i would take it to an attny. Do not try this yourself.
Hurry you need one today. Best of luck